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City of Arden Hills Planning Commission Meeting for May 6th, 2020 P:\Planning\Planning Cases\2020\20-008 3244 Sandeen Road Variance\Memos Reports Page 4 of 6 3. Variance Requirements – Section 1355.04, Subd. 4 The Applicant requests a variance to construct a replacement deck on the front of their residential dwelling unit that would encroach into the front yard setback. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The variance request for 3244 Sandeen Road is consistent with the purpose and intent of the R-2 Zoning District and with the policies within the City’s Comprehensive Plan; 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicants’ application, additional living space for a single family home is a reasonable use of the Subject Property in the R-2 Zoning District as the proposed home can be constructed by right and was designed in such a way that it can capture the additional 396 sq. ft. that the Applicant requests without changing the envelope or appearance of the home from the exterior; b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicants’ application, the nonconforming nature of the lot due to overall area and width as well as the bluff feature which puts the allowable FAR significantly lower than a typical conforming lot; c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicants’ application, the proposed variance will not alter the character of the neighborhood because the house could be constructed by right and additional floor area is entirely internal to the site and invisible to the neighborhood; 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The proposed variance is not based on economic consideration.